ACT, in Dramatic Literature, signifies one of those parts into which a play is divided to mark the change of of time or place, and to give a respite to the actors and to the audience. In Greek plays there are no separate acts, the unities being strictly observed, and the action being continuous from beginning to end. If the principal actors left the stage the chorus took up the argument, and contributed an integral part of the play, though chiefly in the form of comment upon the action. When necessary, another drama, which is etymologically the same as an act, carried on the history to a later time or in a different place, and thus we have the Greek trilogies or groups of three dramas, in which the same characters reappear. The Roman poets first adopted the division into acts, and suspended the stage business in the intervals between them. Their number was usually five, and the rule was at last laid down by Horace in the Ars Poetica — “Neve minor, neu sit quinto productior actu Fabula, quae posci vult, et spectata reponi.” “If you would have your play deserve success, Give it five acts complete, nor more nor less.” —Francis....
On the revival of letters this rule was almost universally observed by dramatists, and that there is an inherent convenience and fitness in the number five is evident from the fact that Shakespeare, who refused to be trammelled by merely arbitrary rules, adopts it in all his plays. Some critics have laid down rules as to the part each act should sustain in the development of the plot, but these are not essential, and are by no means universally recognised. In comedy the rule as to the number of acts has not been so strictly adhered to as in tragedy, a division into two acts or three acts being quite usual since the time of Molière, who first introduced it.
It may be well to mention here Milton’s Samson Agonistes as a specimen in English literature of a dramatic work founded on a purely Greek model, in which, consequently, there is no division into acts.
ACT, in Law, is an instrument in writing for declaring or justifying the truth of anything; in which sense records, decrees, sentences, reports, certificates, &c., are called acts. The origin of the legal use of the word Act is in the acta of the Roman magistrates or people, of their courts of law, or of the senate, meaning (1) what was done before the magistrates, the people, or the senate; (2) the records of such public proceedings.
ACTAeON, in Fabulous History, son of Aristaeus and Autonoë, a famous hunter. He was torn to pieces by his own dogs. Various accounts are given of this occurrence; but the best known story is that told by Ovid, who represents him as accidentally seeing Diana as she was bathing, when she changed him into a stag, and he was pursued and killed by his dogs.
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ACT OF PARLIAMENT. An Act of Parliament may be regarded as a declaration of the Legislature, enforcing certain rules of conduct, or defining rights and conferring them upon or withholding them from certain persons or classes of persons. The collective body of such declarations constitutes the statutes of the realm or written law of the nation, in the widest sense, from Anglo-Saxon times to the present day. It is not, however, till Magna Charta that, in a more limited constitutional sense, the statute-book is generally held to open, and the Parliamentary records only begin to assume distinct outlines late in the reign of Edward I. The maladministration of the common law by the royal judges had gradually taught the people the necessity of obtaining written declarations of their rights—often acknowledged, still oftener violated. Insensibly almost, the Commons, whose chief function it originally was to vote supplies to the crown, began to couple their grants with petitions for the redress of grievances. The substance of these petitions and of the royal responses was in time made the groundwork of Acts which, as framed by court redactors, and appearing annexed to proclamationwrits after the dissolution of Parliament, were frequently found seriously to misrepresent its will. To check this evil an Act was passed (8 Henry IV.), authorising the Commons to be represented at the engrossing of the Parliament roll; but even this surveillance was not enough, for in the beginning of the reign of Henry V. it was enacted, at the instance of the Commons, that in regard to their petitions the royal prerogative should in future be limited to granting or refusing them simpliciter. In this way it became a fixed constitutional principle that an Act of Parliament, to be valid, must express ...concurrently the will of the entire Legislature. It was not, however, till the reign of Henry VI. that it became customary, as now, to introduce bills into Parliament in the form of finished Acts; and the enacting clause, regarded by constitutionalists as the first perfect assertion, in words, of popular right, came into general use as late as the reign of Charles II. It is thus expressed:—“Be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same.” The use of the preamble with which Acts are usually prefaced, is thus quaintly set forth by Lord Coke,—“The rehearsal or preamble of the statute is a good meane to find out the meaning of the statute, aud, as it were, a key to open the understanding thereof.” Originally, the collective Acts of each session formed but one statute, to which a general title was attached, and for this reason an Act of Parliament is always cited as the chapter of a particular statute— e.g., 24 and 25 Vict. c. 101. Titles were, however, prefixed to individual Acts as early as 1488. Since 33 Geo. III. c. 13, an Act of Parliament is complete whenever it receives the royal assent, and takes effect from that date, unless the Act itself fix some other. British Acts require no formal promulgation, for it is presumed that every subject of the realm is cognisant of the resolutions of Parliament, either by himself or his representative therein.
>Modern Acts of Parliament are—1. Public. These are binding on all citizens, and are ex officio cognisable by the judges. Since 1850 every Act is held to be public unless the contrary be expressly declared. 2. Private Acts. These relate to particular classes, persons, or places. Private Acts are (1.) Personal, viz., those which relate to name, naturalisation, estate, &c., of particular persons. (2.) Local, affecting bridges, canals, docks, turnpikes, railways, &c. To prevent such Acts from being unduly passed, the promoters of private bills are required to comply with the standing orders of the two Houses, by whieh private bill procedure is regulated. Acts of Parliament, for convenience of reference, are classified as Public General Acts, Local and Personal Acts declared Public, Private Acts printed, and Private Acts not printed. Public General Acts (if no exception be expressed), extend to Great Britain and Ireland, exclusively only of the Channel Islands and the Isle of Man.
The first complete edition of English Acts of Parliament published by state authority appeared between the years 1810 and 1824. It includes the early charters, and ends with the reign of Queen Anne. Many private editions of the statutes had appeared previous to that of the Record Commissioners. The practice of printing Acts of Parliament commenced in the reign of Richard III. The charters and Acts were written in Latin till the Statutum de Scaccario, 51 Henry III. (1266), which is in French. The Acts of Edward I. are indiscriminately in Latin or French; but from the fourth year of Henry VII. Acts are exclusively in English.
Scotch Acts.—The earliest attempts at a written record of the proceedings of the Parliament of Scotland consisted of detached instruments or indentures, and the next step was the entering of these detached instruments on a roll for more permanent preservation. No such record, however, is preserved before the disputed succession, which commenced in 1289. The earliest roll of placita in parliamento is dated 1292; but the Blak Buik, containing a series of proceedings in Parliament from 1357 to 1402, is the most important of the earliest records of Parliament. The original books of Parliament of the reigns of James I. and James II. are not preserved, but from the year 1466 down to the Union a voluminous, but not unbroken, series has been preserved. Down to the reign of James V., scarcely any Act in the original registers is distinguished by a title or rubric; and even after that period the practice has not in this respect been uniform. In like manner there is no numeration of the Acts of Parliament during this period. The language of the earliest Scotch records is in Latin; but as early as 1398 some of the proceedings of Parliament 'or the Council-General were written in Scots, and subsequently to 1424 always in that language. Unlike the English Acts, French was never used in Scotch legislation. In 1541 a selection of the Acts of James V. was printed. The first edition of the Acts was published in 1566, the second in 1597, the third in 1681; and the great national work, the complete record of Parliament, has just been completed, with a general index to the whole Acts from 1124 to 1707, which forms the great repertory of the legal, constitutional, and political history of Scotland. In 1540 an Act was passed requiring all the Acts of Parliament to be pronounced in presence of the king and the estates,—the assent of the king being indicated by his touching them with the sceptre; and in 1641 it was ordained that the Acts passed in 1640 be published in the king’s name, and with the consent of the estates. But during the civil war the Acts of Parliament were passed in name of the estates alone. These Acts, however, were rescinded after the restoration of Charles II. by Act 1661, c. 126, because “the power of making laws is an essential privilege of the royal prerogative.” In 1457 an Act was passed for proclaiming the Acts of Parliament in the shires and burghs, that none be ignorant; and in 1581 it was ordained that Arts need not be proclaimed at the market-cross of the head burgh of each shire, but at the market-cross of Edinburgh only, the lieges obeying them forty days thereafter. The clerk of register was always bound to give extracts of Acts to the lieges in their particular affairs. In 1425 a committee, consisting of an equal number of each estate, was appointed to amend the books of law; and in 1567 a commission was issued to codify the laws, civil and municipal, dividing them into heads like the Roman law,—the heads as they are ready to be brought to Parliament to be confirmed. Lord Bacon recommended the Scotch Acts for their “excellent brevity.” His lordship’s praise applies very properly to the Acts down to the reign of Queen Mary and the early part of the reign of James VI.; but the logomachy of subsequent legislation is intolerable to the consulter.
Irish Acts may be said to commence a.d. 1310, in the reign of Edward II., and to close with the union with the British Parliament in 1801. From the former date, however, there is a break till 1429. In 1495 Poyning's Law provided that no bill should be introduced into the Irish Parliament which has not previously received the royal assent in England; and till 1/82 the Parliament of Ireland remained in tutelage to that of England. Since 1801 it has been incorporated with the Parliament of Great Britain.
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ACT OF SEDERUNT, in Scotch Lazo, an ordinance for regulating the forms of procedure before the Court of Session, passed by the judges in virtue of a power conferred by an Act of the Scotch Parliament, 1540, c. 93. In former times this power was in several instances clearly exceeded, and such Acts of Sederunt required to be ratified by the Scotch Parliament; but for more than a century and a half Acts of Sederunt have been almost exclusively confined to matters relating to the regulation of judicial procedure. Many recent statutes contain a clause empowering the court to make the necessary Acts of Sederunt. A quorum of nine judges is required to pass an Act of Sederunt.
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ACTA CONSISTORII, the edicts of the consistory or council of state of the Roman emperors. These edicts were generally expressed in such terms as these: “The august emperors, Diocletian and Maximian, in council declare, That the children of decurions shall not be exposed to wild beasts in the amphitheatre.”—The senate and soldiers often swore, either through flattery or on compulsion, upon the edicts of the emperor. The name of a senator was erased by Nero out of the register, because he refused to swear upon the edicts of Augustus.
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ACTA DIURNA, called also Acta Populi, Acta Publica, and simply Acta or Diurna, was a sort of Roman gazette, containing an authorised narrative of the transactions worthy of notice which happened at Rome—as assemblies, edicts of the magistrates, trials, executions, buildings, births, marriages, deaths, accidents, prodigies, &c. Petronius has given us an imitation specimen of the Acta Diurna, one or two extracts from which may be made to show their style and contents. The book-keeper of Trimalchio pretends to read from the Acta Urbis: —“ On the 39th of July, on the Cuman farm, belonging to Trimalchio, were born 30 boys and 40 girls; there were brought into the barn from the threshing-floor 125,000 bushels of wheat; 500 oxen were broken in.—On the same day the slave Mithridates was crucified for having slandered the tutelar deity of our friend Gaius.—On the same day 100,000 sesterces, that could not be invested, were put into the money-box.—On the same day a fire broke out in the gardens of Pompey, which arose in the steward’s house,” &c. The Acta differed from the Annals (which were discontinued in b.c. 133) in this respect, among others, that only the greater and more important matters were given in the latter, while in the former things of less note also were recorded. The origin of the Acta is attributed to Julius Caesar, who first ordered the keeping and publishing of the acts of the people by public officers. Some trace them back as far as Servius Tullius, who it was believed ordered that the next of kin, on occasion of a birth, should register the event in the temple of Venus, and on occasion of a death, should register it in the temple of Libitina. The Acta were drawn up from day to day, and exposed in a public place to be read or copied by all who ...chose to do so. After remaining there for a reasonable time they were taken down and preserved with other public documents.
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ACTA SENATUS, among the Romans, were minutes of the discussions and decisions of the senate. These were also called Commentarii Senatus, and, by a Greek name, υπομνήματα. Before the consulship of Julius Caesar, minutes of the proceedings of the senate were written and occasionally published, but unofficially. Caesar first ordered the minutes to be recorded and published authoritatively. The keeping of them was continued by Augustus, but the publication was forbidden. Some prominent senator was usually chosen to draw up these Acta.
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ACTIAN GAMES, in Roman Antiquity, solemn games instituted by Augustus, in memory of his victory over Antony at Actium. See Actium.
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ACTINIA, a genus of coelenterate animals, of which the sea-anemone is the type. See Actinozoa.
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ACTINISM (from ακτίs, a ray), that property of the solar rays whereby they produce chemical effects, as in photography. The actinic force is greatest in the blue and violet rays of the spectrum.
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